Juridical Analysis Towards the Position of Children Born Out of Wedlock Based on Case Decision Number 1/Pdt.P/2018/Pa.Jb And 0269/Pdt.P/2018/Pa.Sda Reviewed from the Decision of The Constitutional Court Number 46/Puu-Viii/2010
- DOI
- 10.2991/assehr.k.220404.084How to use a DOI?
- Keywords
- marriage; children born out of wedlock; child protection; child rights
- Abstract
Legal protection towards children born out of wedlock is something that needs to be the attention of the family, the State and the community. The State is obliged to provide legal protection towards children born out of wedlock even though the marital status of the parents is still disputed. The unrecognition of children born out of wedlock has a negative impact on the child himself/herself, namely the child cannot obtain biological rights with his/her father hence he/she does not get his/her civil rights from the father and his/her father’s family. However, with the decision of the Constitutional Court Number 46/PUU-VIII/2010, the Legal Consequences of children born out of wedlock not only have biological relationships with their mothers but also with their biological fathers and regulate the rights protection towards children born out of wedlock therefore the rights of children born out of wedlock become equal to children born legally. The research method used in this study is Normative Juridical with the consideration that the starting point of research analysis on Laws and regulations in Indonesia. This study aims to learn and understand how legal protection works for children born out of wedlock. The conclusion is that with the decision of the Constitutional Court Number 46/PUU-VIII/2010, the biological relationship between children born out of wedlock with their Father can be proven through technology or DNA tests. The State has sufficiently provided Protection for children that has been stipulated in some provisions of the legislation, but the main role of the family is necessarily needed, especially parents in order to be willing to accept and legalize the child hence the child can obtain the rights that he should receive.
- Copyright
- © 2022 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article distributed under the CC BY-NC 4.0 license.
Cite this article
TY - CONF AU - Ahmad Redi AU - Laurent Chandra PY - 2022 DA - 2022/04/21 TI - Juridical Analysis Towards the Position of Children Born Out of Wedlock Based on Case Decision Number 1/Pdt.P/2018/Pa.Jb And 0269/Pdt.P/2018/Pa.Sda Reviewed from the Decision of The Constitutional Court Number 46/Puu-Viii/2010 BT - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021) PB - Atlantis Press SP - 538 EP - 544 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.220404.084 DO - 10.2991/assehr.k.220404.084 ID - Redi2022 ER -